What is Negligence?
Negligence is the failure to use a reasonable degree of care given the circumstances. The four elements of negligence are a duty owed to a plaintiff, a breach of that duty by the defendant, proximate cause, and injury or damage suffered by the plaintiff. It is essentially carelessness.
According to Black’s Law Dictionary, negligence is defined as “the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.” As such, negligence refers to a failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances. It forms the basis of many personal injury claims and lawsuits, where a plaintiff alleges that their injuries or damages were caused by the negligent actions or omissions of another party.
Key elements of negligence include:
- Duty of care: The legal obligation of an individual or entity to exercise reasonable care to avoid causing harm to others. This duty may arise from professional relationships, ownership of property, or other circumstances.
- Breach of duty: A failure to fulfill the duty of care by acting or failing to act in a way that deviates from what a reasonably prudent person would do.
- Causation: The link between the defendant’s breach of duty and the plaintiff’s injuries or damages. It must be shown that the defendant’s actions or omissions directly caused harm to the plaintiff.
- Damages: Actual harm or losses suffered by the plaintiff as a result of the defendant’s negligent conduct, which may include physical injuries, emotional distress, property damage, or financial losses.
Legal principles related to negligence aim to compensate injured parties for their losses and encourage individuals and businesses to act responsibly to prevent foreseeable harm. For example, if your landlord doesn’t fix a rickety set of steps you let him to, and you fall through the steps a week later, the landlord is negligent in his duty of care. Understanding the elements of negligence is essential in personal injury cases and other legal disputes where liability is based on the failure to exercise reasonable care under specific circumstance
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What to Do If Dangerous Weather Caused a Pennsylvania Truck Accident
Driving in the winter or under various dangerous weather conditions can be a challenge regardless of the vehicle you’re driving. Rain, snow, sleet, fog, and sun glare can all affect driver performance. Conditions affecting visibility and traction entail longer brake times with an increased chance of losing control of the vehicle.
According to a Pennsylvania Department of Transportation (PennDOT), there are over 120,903 linear miles of roadways across Pennsylvania, on which far too many accidents occur due to adverse weather conditions. PennDOT has reported that in 2020 alone, there were 104,475 reported crashes including 6,344 truck crashes on the Pennsylvania roadways. Of those 104,475 reported crashes, 24% occurred while the road conditions were wet, snowy, or icy.
The Dangerous Combination of Large Commercial Semi-Trucks and Adverse Weather Conditions
As more traffic congests the roads, accidents grow more frequent with more injuries and catastrophic results. […]
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Stroudsburg Tanker Truck Accident Lawyer
If you were hit by a tanker truck in Monroe County, contact the Stroudsburg tanker truck accident lawyers at Munley Law Personal Injury Attorneys for a free legal consultation
If you are in the Stroudsburg area, and have been injured in a tanker truck accident, Munley Law Personal Injury Attorneys is here for you. A crash involving a fuel truck, water truck, or other large commercial vehicle should only be handled by a law firm with extensive experience and a strong record of success with these types of cases. Our attorneys have dealt with trucking companies and their insurance companies for decades; let us put our experience to work for you.
Get started with a free, no-obligation consultation.
First and foremost, we will answer your questions and help you navigate this difficult time. If you choose to hire our firm, […]
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Dog Bite Lawyer
If you were attacked by a dog, contact a dog bite lawyer at Munley Law Personal Injury Attorneys for a free consultation.
Any type of animal attack can be devastating. Often, the victim of an animal bite will have both physical and emotional scarring. This is where our experienced dog attack attorneys can help.
For over 60 years, the lawyers at Munley Law Personal Injury Attorneys have represented injury victims, including dog bite victims, throughout Pennsylvania. We understand how complicated these cases can sometimes be and are ready to answer any questions you may have about your case.
Most homeowners’ and renters’ insurance policies cover bite injuries, so let us help you recover the damages you deserve for your scarring, pain and suffering, medical bills, and lost wages from your injury.
Our injury attorneys have recovered millions of dollars in settlements and verdicts for our clients. […]
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Cancer Misdiagnosis Lawyer
If a doctor fails to diagnose a patient with cancer, the consequences can be life-threatening. Even a delayed diagnosis may be the difference between life and death.
If you or a family member have suffered because of a doctor’s incorrect or missed diagnosis of cancer, you may be entitled to pursue a medical malpractice lawsuit. A cancer misdiagnosis lawyer at Munley Law Personal Injury Attorneys will review the details of your situation, answer your questions, and help you determine what to do next. Our medical malpractice lawyers have recovered millions of dollars on behalf of individuals and families who have suffered due to medical negligence. We have consistently been named among the Best Lawyers in America, and we have earned the highest client satisfaction ratings possible. To speak with a cancer misdiagnosis lawyer now, fill out our email form, or call us. The consultation is free. […]
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How Much Can Someone Sue for a Car Accident?
In general, there is no limit to how much you can sue someone for a car accident. However, there are factors that may limit how much compensation you will recover in a lawsuit. Things like the severity of the injuries, the extent of the other party’s negligence and the coverage of insurance policies will all limit what you can recover.
How Much Can a Car Accident Victim Sue For?
Car accident victims can sue for economic and noneconomic damages depending on the severity of the wreck. The only way to really maximize the total compensation a victim may be awarded is by utilizing the legal representation of a car accident lawyer.
Potential compensation a car accident victim may be awarded include:
- Medical expenses
- Lost wages
- Diminished earning capacity
- Property damage
- Pain and suffering
- Loss of consortium
- Wrongful death
What will be awarded will also depend on the severity of the crash. […]
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